White House, Jan. 26, 2023 - Memorandum on Extending and Expanding Eligibility for Deferred Enforced Departure for Certain Hong Kong Residents

"... Pursuant to my constitutional authority to conduct the foreign relations of the United States, I have determined that it is in the foreign policy interest of the United States to defer for 24 months the removal of any Hong Kong resident who is present in the United States on the date of this memorandum, except for those:

(1)  who have voluntarily returned to Hong Kong or the PRC after the date of this memorandum;

(2)  who have not continuously resided in the United States since the date of this memorandum;

(3)  who are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or deportable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));

(4)  who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet any of the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));

(5)  who are subject to extradition;

(6)  whose presence in the United States the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety; or

(7)  whose presence in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.

I further direct the Secretary of Homeland Security to take appropriate measures to authorize employment for noncitizens whose removal has been deferred, as provided by this memorandum, for the duration of such deferral, and to consider suspending regulatory requirements with respect to F-1 nonimmigrant students who are Hong Kong residents as the Secretary of Homeland Security determines to be appropriate.  The Secretary of Homeland Security shall also provide for the prompt issuance of new or replacement documents in appropriate cases. ..."